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What are possible defenses against DUI charges?

On Behalf of | Jun 20, 2024 | Criminal Defense |

Independence Day is fast approaching, and you can anticipate that the roads will be full of people traveling to celebrate with friends and family. Law enforcement officials may also be on full throttle to catch drunk drivers or motorists who might be dangerous on the road.

Facing charges for driving under the influence (DUI) can mean grave consequences for you. Fortunately, an experienced DUI attorney can help you formulate a defense strategy that may help you against DUI charges.

Common DUI defenses

A prosecutor may pursue DUI charges against you if they believe they have compelling evidence that proves your guilt beyond reasonable doubt. Evidence typically used in DUI cases includes breathalyzer test results, field sobriety test results, and officer observations or testimonies.

Your defense attorney will need to dispute any evidence against you. Common strategies may include proving that the breath test results are inaccurate. You may do this by presenting proof that the device was not correctly calibrated when used on you. You may also show evidence of improper test administration.

Another strategy may be to prove that the results of your field sobriety tests are inaccurate. Like the breath test results, you may present proof of improper administration. You may also argue that the observations were by an officer who did not receive sufficient training.

You may also prove that the initial traffic stop was illegal under the Fourth Amendment. This means the officer may have stopped your vehicle without probable cause or reasonable suspicion of criminal activity.

Finally, you may present other reasons for failing your breath or field sobriety tests. These can include vomiting during the breath test or having ear problems, which may have caused balance problems during the walk-and-turn or one-leg stand field sobriety tests.

Defending yourself against DUI can be challenging, but an experienced attorney can help you increase your chances of getting a favorable outcome.